In one of the more bizarre legal disputes to surface in Hollywood, African-American actor-writer-director Marlon Wayans is being sued for racial discrimination – by an African-American actor.

Pierre Daniel lodged his claim for damages arising from harassment, discrimination and retaliation on the basis of race in a Los Angeles court on August 25.

Racism claims: Marlon Wayans has been accused of discrimination due to his use of the n-word. Photo: AP

The case, first reported by The Hollywood Reporter, stems from a tweet sent by Wayans on September 4, 2013 in which he compared Daniel to Cleveland Brown, a character from the animated television series Family Guy.

In the statement of claim lodged with the court, Daniel's lawyers allege that the actor, who was employed on Wayans's movie A Haunted House 2, was "throughout his employment" subjected to "offensive and derogatory language regarding his race/national origin (African-American) by the producer of the film, Defendant Wayans", who repeatedly referred to him "as 'N---a', a derogatory term and racial slur used to refer to African-Americans".

The documents also allege that Daniel was mocked for having an afro, was repeatedly referred to as "Cleveland Brown", and subjected to eye-rolling and staring from Wayans. They also claim that "on numerous occasions, Defendant Wayans also ridiculed [Daniel] in the presence of other crewmembers as he would leer at [Daniel] and then begin laughing".

While those claims suggest Daniel might have a chance for a claim of workplace bullying, the racial discrimination tack would appear to represent more of a long shot.

While the use of the N-word is undoubtedly derogatory when uttered by white Americans, its usage within the African-American community is a more nuanced – and some would say vexed – proposition. The word – with its altered spelling – has been reappropriated as a marker of positive, rather than negative, identity since at least the 1960s and has exploded in popularity with the growth of the rap scene since the 1980s.

Daniel is seeking unspecified damages. Courts in the US have awarded as much as $US80 million ($86m) in cases where discrimination followed by retaliation has been proved.

The case arises just weeks after Marlon Wayans became embroiled in another race row after posting to social media a selfie taken at a Beyonce and Jay Z concert.

13 comments so far

Wow, that 'N' word must be scary. A whole article based on its use and still no explan ation of what the word is.

Commenter

David

Location

The Bay

Date and time

August 27, 2014, 12:16PM

Well - he does :) What's the issue?

Commenter

Cobbcres

Location

ACT

Date and time

August 27, 2014, 12:19PM

Marlon Wayans is a tool... but jeez, that guy really does look like Cleveland!!!

Commenter

Dave

Location

Brunswick

Date and time

August 27, 2014, 1:34PM

I reckon that he would have a better claim to sue the people behind Family Guy and say that they stole his image and didn't give him the recognition he deserves.

Commenter

the_Truth

Location

Melbourne

Date and time

August 27, 2014, 3:27PM

Its either an offensive term or its not. It should not depend n who is saying it.

Of course inflection and context can impact the intention, but again, if its ok for a black person to say it in a friendly manner, then it should be ok for anyone to say it in a friendly manner.

Commenter

Dave

Location

Melbourne

Date and time

August 27, 2014, 2:21PM

White people cannot say this because they are white is racist. It seems that black people are more racist than white nowadays. They always identify as being 'black' whereas I think white people just think of themselves as being 'people if that makes sense.

Commenter

Some Dude

Location

Mitcham

Date and time

August 27, 2014, 2:45PM

Oh, this old reverse racism chestnut. Remember in many parts of the world, black people were not considered 'people' at all, but property. For quite a long time, Indigenous Australians were considered nothing more than flora and fauna. In the US, as we've seen, black people as a whole still aren't considered equal citizens. You can't blame groups of people for identifying with their race when experience has taught them they're 'the other'.

And about the n word... yeah, no. White people still can't say it. They lost that privilege long ago when they would literally beat black people with its use. It always strikes me as odd when non-black folks get so offended about not being able to say it, when they'll never fully understand the discrimination, the trauma or the loaded history behind it.

Commenter

funny that

Location

Date and time

August 28, 2014, 3:27AM

Oh Ok. But it's now 2014 and there is no such thing as reverse racism. Racism is Racism regardless of colour or nationality.

Your theory also suggests that ALL white people are responsible for the past which is clearly not true.

Please don't try and say people don't understand that trauma that went with it the past for black people. Especially when 90% of the american black population also don't understand it because they were not around for it. A black person who was born only 20 years ago (for example) can say use the word but not a white person, who had nothing to do with the past, is unable to? You cannot discriminate on ANY grounds. Not all white people are personally responsible for the past, just as the black person was not personally affected by that past so cannot claim 'ownership' of the use of any words.

Commenter

Some dude

Location

Mitcham

Date and time

August 29, 2014, 11:59AM

Stunt/beat up

Commenter

JR Brand

Location

Date and time

August 27, 2014, 3:06PM

People who cry "reverse" racism couldn't even possibly comprehend the depths of discrimination the person they're accusing of performing.